Quartz: "I don't know. "The hospital administration is separated from the business.

Wang Lei stood up: "The fact that the hospital lawyer contacted Xiaoshi's parents does not mean that they are negotiating compensation, but may be willing to provide moral help." For example, considering the mood of the parents, is there anything that the hospital can do to help? ”

Cao Yun asked: "For example, take a blood pressure test for free?" You don't see many pharmacies to take blood pressure for free at the door, the atmosphere is really good, everyone is alive. The boss even paid the employees to volunteer.

Wang Lei didn't know how to answer when asked, so he said helplessly: "Maybe." "I really want to flatten people.

Cao Yun said: "It seems that death cannot run away in the crime of intentional injury causing death, so we can only discuss the issue of intentional injury." Let me first state our point of view: Xiaoshi threatens Xiaohua's life, Xiaoshan used violence when non-violence could not stop Xiaoshi, and his subjective behavior is in line with emergency avoidance, so his objective behavior cannot be defined as intentional injury. To be precise: the crime of negligence causing death. ”

There is not much difference in punishment between causing serious injury and causing death, and from a certain point of view, causing serious injury may require more money. There is a big difference between intentional injury and negligence, and the death penalty is capped at a ten-year period when intentional injury causes death. Death by negligence starts at three years and is capped at seven years. The circumstances are less than three years.

Wang Lei was puzzled: "Lawyer Cao, are you mistaken? The surveillance shows that Xiaoshan slapped the back of Xiaoshi's head with a brick, which was an active act, how can it be negligence? If Xiaoshan lifted a brick and Xiaoshi took the initiative to hit the brick with the back of his head, then it can be called negligence." ”

Cao Yundao: "The law stipulates that harming others due to legitimate defense and other lawful acts does not constitute the crime of intentional injury. The word "etc." needs to be explained or added. Otherwise, the word "etc." gives the judge great authority, and in mainland law, "etc." is a commonly used word. Either people won't say that picking quarrels and provoking trouble, etc., is a pocket crime.

Cao Yun said: "Prosecutor, let's first define the incident, otherwise it will be a waste of time." You see that I am right to describe it this way: Xiao Shi provoked, attacked and abused Xiaohua many times in ten minutes, including some more vicious words. ”

Wang Lei nodded: "There is no doubt, the transcripts made by the police on eyewitnesses show this." ”

Cao Yun said: "Second realization: Xiao Shan tried to stop Xiao Shi's words and body movements from attacking Xiao Hua. ”

Wang Lei: "There is no doubt. To add that, according to surveillance and transcripts, Xiaoshan prevented Xiaoshi from having a physical skirmish. ”

Cao Yun: "Xiao Shi's weight, height, and strength surpass Xiao Shan. ”

Wang Lei was silent.

Cao Yun did not ask questions, and took out a few copies to the judge and the jury, which is not evidence, but basic information for the victim and the defendant. In the data, Xiaoshi weighs 95 kilograms and is 1.85 meters tall. Xiaoshan weighs 55 kilograms and is 1.63 meters tall.

Cao Yundao: "Obviously, the situation at the scene is like this: Xiaoshan, who is extremely anxious about Xiaohua's situation, can't stop Xiaoshi with words and body, but is easily pushed away by Xiaoshi. In order to stop Xiaohua from jumping, Xiaoshan must first stop Xiaoshi's attack, which was the only meaningful thing Xiaoshan could do to save Xiaohua at that time. In the case of a gap in force, Xiaoshan remembered that there were bricks outside the crowd, so he reluctantly used force to stop Xiaoshi. This proved to be effective, and after this change occurred downstairs, Xiaohua gave up on suicide. ”

Wang Lei said: "The opposing lawyer, I have already explained a few points during the trial, and I will repeat it again: Xiaohua can't hear Xiaoshi's voice." Because the angle is too small, Xiaohua can't clearly understand the body movements of the people downstairs, and Xiaohua is making a record to clearly explain that she gave up suicide because she was persuaded by the police, and has nothing to do with Xiaoshan and Xiaoshi. ”

Cao Yun said: "We deal with the problems one by one, first of all, Xiaohua can't hear the voice downstairs, but do the people downstairs know that Xiaohua can't hear their voice? In the police transcript of the witnesses, 80 percent of the onlookers condemned Xiao Shi, and they also expressed concern that Xiao Hua would impulsively commit suicide because of Xiao Shi's words. The remaining 20% of the onlookers did not mention that Xiaohua could not hear the sound downstairs. Not to mention the mentality of the onlookers, it can be seen that all the onlookers don't know that Xiaohua can't hear the sound downstairs. This also includes small rocks that have been on site for more than 10 minutes. If Xiao Shi knew this, he would not have been a shrew to go downstairs for a long time to heckle, scold, provoke and personally attack Xiao Hua. ”

Cao Yun said: "The prosecution's experimental report is: Xiaohua can't hear the sound downstairs clearly, it doesn't mean that she can't hear the sound downstairs. There is reason to believe that Xiaoshan has the same understanding as the general public, and they all think that Xiaohua can clearly hear Xiaoshi's attack on him. The transcript is the best proof of this. According to statistics from the Anti-Suicide Alliance, a non-governmental organization, 30% of successful suicides are provoked and encouraged by onlookers, and eventually commit suicide. Xiao Shan subjectively did not mean to hurt Xiao Shi, he subjectively prevented Xiao Shi from harming Xiao Shi, so he attacked Xiao Shi with a brick. ”

Wang Lei was a little difficult, he did not read the records of witnesses, and at the same time he did not think that this would be the core content of Cao Yun's defense. He thinks Cao Yun will open the gap from the hospital. Wang Lei could not deny the transcripts of more than a dozen eyewitnesses, and Wang Lei also believed that Cao Yun would not talk nonsense.

Wang Lei's thinking: Xiaohua can't hear, so Xiaoshi doesn't hurt it.

Cao Yun's thinking: Xiaoshan thought that Xiaohua could hear it, and Xiaoshi was harmful to Xiaohua.

Wang Lei made the mistakes that Sima Luo used to often make, involving too many aspects, too wide, and not paying enough attention to details. The Nine-Tails are relatively excellent in this regard. If it is the Nine-Tails, the Nine-Tails will propose that Xiaoshan still have ways to stop Xiaoshi, such as the same volume interference, such as using light force, slapping him and other offensive and insulting actions without substantial harm.

Once the prosecution makes this assertion, and given that Hill has twelve seconds to think about it, Hill's force is very redundant.

In connection with the above explanation, a rebuttal can also be proposed, that is, Xiaoshan did not attack Xiaoshi because he was worried about Xiaohua, but because Xiaoshi pushed himself away and insulted his height, Xiaoshan was angry and used a brick to attack Xiaoshi in retaliation. Relatively speaking, this is also a logical way of saying it. In this way, Xiaoshan could not escape the charge of intentional injury.

If the prosecutor's level is as high as that of a lawyer, then it is difficult to say who will die in the end, and the prosecution will obviously have a greater chance of winning. Now that there is a gap between the two levels, Cao Yun began to conquer the city.

After waiting for a while, Wang Lei did not refute and was still thinking, Cao Yun threw out the second topic and shifted the direction of Wang Lei's thinking: "As for Xiaohua saying that she was not affected by the situation downstairs, the prosecution proposed that Xiaohua's visual angle facing down is small, and it is impossible to correctly judge the body language of the people downstairs, I can only say that it is pure nonsense." ”

Wang Lei suddenly found that he had a trump card for a new problem in his fruitless thinking, so he was immediately attracted to the past: "Oppose, we commissioned the sociology students of the University of Tokyo to do the same experiment, due to the angle, the upstairs people can't see the gestures of the people downstairs at all, whether the arms are completely raised or half raised." Because the angle is too small, the 3D view of the human eye downstairs becomes a flat surface, so Xiaohua doesn't know what happened downstairs, and Xiaohua's transcript shows that she gave up suicide......"

Cao Yun directly interrupted: "Apply for the No. 3 witness Xiaohua to testify in court." ”

Wang Lei was led away from the core question, whether Xiaohua saw it or not has nothing to do with this case, and Xiaoshan's purpose of hurting Xiaoshi is the core of this case. In the case that the core is not refuted, Cao Yun will not let Wang Lei's brain have room to think. After the adjournment, Wang Lei closed the case and made a statement, and it was too late to think about this issue again. First, Wang Lei was unable to prepare a proper closing statement, and second, he did not raise questions when he came to the court to argue, and the challenges raised in the closing statement would not be accepted.

Of course, Xiaohua is still useful, and Cao Yun wants to deepen the impression of the jury. It's time to shape the victim and the weak.

Xiaohua appeared, and Cao Yun stepped forward to take the transcript made after Xiaohua was rescued: "Xiaohua, you said that you didn't know what was happening downstairs, and you gave up suicide because of the persuasion of the police officers around you." ”

Xiaohua nodded: "Yes." ”

Cao Yun asked, "Did your lawyer tell you to say that? Be aware that the beneficiary may have an obligation to compensate. ”

Wang Lei: "Against, against the defense lawyer's wild speculation. ”

Judge: "The objection is valid. ”

Cao Yun nodded: "Okay, Xiaohua, you don't know what's going on downstairs? Help me take off my suit." Cao Yun took off his suit and handed it to Xiaohua.

Xiaohua took it inexplicably, and Cao Yun, who was wearing a white shirt, lay down on the ground: "3D? don't you see it? Can't you see someone lying down there?"

Cao Yun stood up, took the suit and asked: "Can't you see?" After the accident, all the onlookers dispersed, leaving only the hill with bricks and the small stones lying on the ground, which are invisible? Are you sure?"

Xiaohua paused for a while, and Cao Yun said: "It can be seen that Xiaohua's testimony is perjury, and her behavior is suspected of obstructing judicial justice." From this, Xiaohua said: I gave up suicide because of the persuasion of the police, and this conclusion is completely implausible. Witness Xiaohua, I won't say anything about the transcript, please tell me in court, tell the jury, tell the judge, do you know what happened downstairs?"

"I ...... I didn't know, I didn't pay attention, and I didn't have the heart to pay attention. ”

Cao Yun shook his hand: "Apply for witness No. 4 to testify in court together." ”

Witness No. 4 was the police negotiator who persuaded Xiaohua at that time. Cao Yun asked: "Witness, may I ask what Xiaohua did you say in the end before she gave up committing suicide?"

The negotiator replied: "I said to Xiaohua: Look below, you still have friends." There are even friends who hurt others for your sake, and you have no value to XX (ex-boyfriend), but there are still many people who care about you. ”

Cao Yun asked, "And then?"

Negotiator: "Xiaohua looked at the following for a while, and I asked, do you know him?" Xiaohua said, it's Xiaoshan, she has always disliked him for being short, but she didn't expect it...... Then she came down. ”

After hearing this, Cao Yun pointed at Xiaohua angrily: "Perjury, perjury...... In order not to bear the obligations of her own beneficiary, she did not hesitate to let the person who rescued her be punished by the law. I ask the court to take this matter seriously and hold him accountable for perjury. ”

Wang Lei objected: "Xiaohua was very emotionally unstable at that time......"

Cao Yundao: "The perjury case has nothing to do with this case, and the prosecutor is interested in applying to be the defense lawyer in the Xiaohua perjury case." But the prosecutor should have seen what Xiaoshan did to save Xiaohua, and what Xiaohua did. The dwarf also has power...... Your Excellency, I'm done. This passage is sometimes fast and sometimes slow, and the rhythm is very good. Shape the hill as a weakling, making it easier for him to gain the sympathy of the jurors.

The judge waited for a while: "Do the prosecution and defense still have evidence to submit?" Do they have different views on the trial process? ”

Cao Yun waved his hand, Wang Lei felt that he had lost something, and he couldn't find it. After waiting for a while, the judge said: "The court will be adjourned for half an hour, and the prosecution and defense will make final closing arguments." ”

Except in complex criminal cases, civil cases and ordinary criminal cases are usually courted together.

After the half-hour adjournment, the prosecution first explained its point of view: Wang Lei's insistence that Xiaoshan's attack on Xiaoshi was completely consistent with intentional injury. Explaining that in legal theory, intentional injury is a crime of conduct, and the result of injury is a consequential crime, etc., Balabala said a lot of things very professionally.

Cao Yun explained the reasons for the defense, and Cao Yun believed that the truth of the matter was that Xiaoshan attacked Xiaoshi in order to save Xiaohua. In the end, it also shows that Xiaoshan's behavior saved Xiaohua. It is undeniable that Xiaoshan's actions violated the law, but he used force in accordance with the principle of saving lives and did not consider the consequences of Xiaoshi's death. In addition, please note to the jury that Xiaoshi's injuries are not incurable, but because of some unfortunate reasons, Xiaoshi's final death, and Xiaoshan cannot be blamed for the accident because the doctor is right. Subjectively, Koyama's actions do not constitute intentional injury. Objectively speaking, there are many reasons for Xiaoshi's death, and all in all, Xiaoshan did not cause mortal injuries to Xiaoshi. The jury is invited to consider it carefully.

After another half-hour adjournment, the jury reached a unanimous verdict and finally found Xiaoshan not guilty of intentional injury causing death, Xiaoshan was not guilty of negligence causing death, and Xiaoshan was found guilty of negligence causing serious injury.

This result made Wang Lei confused, OK, intentional injury is not established, I admit it. According to the law, although Xiao Shi was still alive when he was taken to the hospital, the responsibility for his death must be borne by the injured Xiao Shan, if the hospital is not responsible.

In order to attract the attention of the jury, Wang Lei emphasized in his closing argument that the fact that Xiaoshan objectively used force was mainly emphasized, and did not mention the hospital at all. Cao Yun pointed out two aspects, because there was a period of time before the hospital defended, there was a certain degree of vague memory. The prosecution, believing that the issue was a winner, dropped the statement in its closing arguments, making Cao's account more likely to be accepted by the jury.

Of course, the evidence presented by Cao Yun is also very crucial. The strategy of Cao Yun's defense this time is to focus on the scene and subjectively. The hospital can steal if you can, and it doesn't matter if you can't. During the first sneak attack, due to the pre-trial, Wang Lei had sufficient preparation and the doctor's good professional quality, Cao Yun did not succeed. However, Cao Yun stole another hand in the closing statement, and was succeeded by Cao Yun because of Wang Lei's mistake.

The closing statement is a comprehensive account of the case, and Wang Lei's skills are still relatively weak.

Wang Lei can appeal. As explained above, the second-instance trial will ignore the facts that have already been tried in the first-instance trial. But Wang Lei can appeal for wrongful death and wrongful serious injury, but it is of little significance. Wrongful death of three to seven years, such as Xiaoshan, who was killed for saving people, can be sentenced to a light sentence of up to three years. The penalty for causing serious injury by negligence is not more than three years. Wang Lei is very clear that it does not make much sense to appeal on this issue.

The judge also seemed to find it far-fetched to cause serious injury by negligence, and in the end the judge sentenced him to three years, the maximum sentence for causing serious injury by negligence. Cao Yun did not say in court whether he would appeal. So far, Cao Yun's work has been completed, and he will not accept the second trial of Xiaoshi's case. If the Anti-Suicide Coalition believes that the three-year sentence is too high, it can appeal to a lawyer.

For Cao Yun, none of the three are good birds. The suicide is due to the choice of place, time and not good birds. Hecklers are not good birds. What about the hill that Cao Yun made a weak man? Surely he is not a good bird. This is again the knife and gun theory, assuming that Xiaoshan had a knife or a gun in his hand at the time, he probably would not have used a brick. As for Xiaoshan's admiration for Xiaohua, whether he covets Xiaohua's body, or fights for justice. None of this is a reason to hurt others. Cao Yun didn't even bother to use these reasons to defend himself in court. Of course, if the opponent is Sima Luo or Nine-Tails, Cao Yun can only use it.